Eric Null

Free Press and Access Now filed reply comments with the Federal Communications Commission urging strong and rapid implementation of the Emergency Broadband Benefit program.

Access Now released "Expanding connectivity to fight COVID-19: recommendations for governments and telcos", a series of recommendations for telecommunications companies and governments that could help prevent people from losing their connections and improve connectivity, drawing lessons from the experiences of users at risk around the world. The recommendations include:

For twenty years, the US’ approach to protecting privacy has relied primarily on notice and consent. As US policymakers work to develop legislation to protect users’ privacy, however, it is time to move away from that regime. Users want more control over the data they provide companies, and granting users certain rights over their data can facilitate increased control.

In our increasingly digitized world, it is critical to protect individuals’ privacy. As policymakers consider passing meaningful privacy legislation, civil rights protections are a critical but mostly overlooked component. To have effective privacy legislation, we must ensure that companies’ data practices do not violate individuals’ civil rights—especially when it comes to marginalized communities.

Thanks to Cambridge Analytica and other scandals, the federal government is now discussing tech platform privacy issues more than ever. But localities—most recently, New York City—have been stepping in to try to fill the broadband privacy gap. Other local officials should look to New York City as a model for their own legislation or rules, and the public should be pushing their local representatives to protect broadband privacy.

Congressional and state actions to preserve strong net neutrality protections have bipartisan support—while the Federal Communications Commission’s repeal had bipartisan opposition. Put another way, net neutrality is, and has always been, a bipartisan issue, and more Republicans, in particular, should follow suit. Here’s why:

Some have argued the Federal Communications Commission should not have privacy authority at all because it lacks privacy “expertise, personnel, or understanding.” But Congress should not heed those arguments.

The FCC has long protected the privacy of telephone customers and would use that expertise in enforcing broadband privacy. Nor should Congress attempt to gut the Federal Trade Commission’s authority by, for instance, capping the time period of consent decrees at eight years rather than the typical 20 years, which Congress has indicated it wants to do. The FTC has been an effective privacy protector for the past two decades in part because it has many tools to protect consumers. Congress would be making a mistake should it undermine either agency’s authority in the name of “protecting” consumer privacy. Americans want and deserve better privacy protections—and they almost got them. Unfortunately, Congress and the president had different plans and have made it more difficult for consumers to protect their privacy. But there are still some paths forward, even if less optimal, to protect broadband privacy. The battle lines have been redrawn, and we have to adjust—quickly.